December 29, 2015

U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington, DC 20590

Re: Request for Exemption underSection 333 ofthe FAA Modernization and Reform Act of2012 and Part 11 of the Federal Aviation Regulations.



### Name andAddress of Petitioner: Lucian Newman, IV 1973 Woodridge Road Tuscaloosa, AL 35406 205-454-4820 (Cell) luciannewmaniv@yahoo.com



### Dear Sir or Madam:

Pursuantto Section 333 ofthe FAA Modernization and ReformAct of2012 (the "ReformAct") and 14 C.F.R. Part 11, Lucian Newman, IV, the Petitioner, request exemption from the following Federal Aviation Regulations in order to legally operate an Unmanned Aircraft System (UAS) in the National Airspace System

. 

### Regulations from which the exemption is requested: 14CFR21 H 14 CFR 45.23 (b) 14CFR61.113(A)7(b) 14CFR91.7(a) 14 CFR 91.9 (b)(2) 14CFR 91.103 (b) 14CFR91.109 14CFR 91

.119 14CFR 91.121 14CFR 91.151 (a) 14 CFR 91.203 (a) 

### & (b) 14CFR 91.405 (a) 14CFR 91.407 (a) (1) 14 CFR 91.409 (a) 

### & (b) 14CFR 91.417 (a) 

### & (b) 14CFR Title 14Chapter 1Sub D Part60thru 67 -61

. 1to61.429

### The Petitioner wishes to be granted the exemption for use of the UAS of commercial operations listed below.
Applications and Operations:



### Aerial Data Collection Aerial Photography of Real Estate Aerial Videography of Real Estate Forest Health Monitoring Harvesting Monitoring Forest Inventory Topography Special Events Photography Special Events Videography

The Petitioner believes the use ofthe UAS's is more economical and saferto use for the aforementioned purposes. Use ofthe UAS rather than a manned aircraft is more economical to the consumer, and beneficial to the general public due to its small size, low noise and minimal potential for accident.

Characteristics oftheAircraft:


### Lucian Newman, IV seeks these exemptions for the purpose of operating a DJI Phantom 3 Professional for compensation within the NAS.

The OJ I Phantom 3 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 

### 23.2", a maximum speed of approximately 16.4 FPS 

### and a maximum flying height of 400'. The DJI Phantom 3 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

### Request for Exemption, Section 333 ofthe FAA Reform Act pertaining to Federal Aviation Regulations: The Petitioner requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of UAS's.

14CFR 21 H: Airworthiness Certificates Certification Procedures for Products and Parts Reason for Exception: It has been determined that similar UAS's do not require an airworthiness certificate as granted in Exemption No. 11623, 11650, 11664 and 11734.

14CFR 45.23 (b): Marking ofthe Aircraft These regulations providethat each aircraft mustdisplay "N" andthe aircraft's registration numberin lettersatleast3incheshigh

.Additionally,theaircraft mustdisplaytheword "EXPERIMENTAL" in letters at least2 inches high nearthe entrance to the cabin, cockpit, or pilotstation. Reason for Exception: Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have not entrance to the cabin, cockpit or pilot station on which the work "EXPERIMENTAL" can be placed. Given the size ofthe UAS, two-inch lettering will be impossible. The word "EXPERIMENTAL" will be placed on the fuselage in compliance with 4529 (f). 

### The FAA has issued the following exemptions to this regulation to Exemptions Nos

. 10700, 8738, 10167 and 10167A.

14CFR 61.113 (A) 7 (b): Private Pilot Privileges and Limitations The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft ofthe United States, unless that person: (1) has a pilot certificate or special purpose authorization issued under this part in that person's physical possession or readily accessible. (2) The flight is only incidentaltothat businessoremployment. (3)Theaircraftdoes notcarry passengers or propertyfor compensation orhire. Reason for Exception: The Petitioner will follow all manufacturers' training program and safety manual. I also believe these requirements are unnecessary for pilot controlled drone flight. Additionally, current FAA proposals have omitted this as a future requirement for small UAS's

. 14CFR91.7 (a): CiviiAircraftAirworthiness: Civil Aircraft Airworthiness: (a) No person may operate a civil aircraft unless it is in an airworthy condition. Reason for Exception: It has been determined that similar UAS's do not require an airworthiness certificate, however the petitioner will ensure airworthiness through the combined use ofthe manufacturer's Operations Manual and preflight checks

.14CFR 91.9 (b) (2): CivilAircraft Flight Manual intheAircraft This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft.We assume that the intent ofthis requirement is to ensure that fl ight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation; the documentation would not be available to the crew

. Reason for Exception: The equivalent level of safety will be maintained by keeping the flight manual at the ground control pointwhere the pilotflying the UAS will have immediate access to it. The FSS has issued the following exemptions to this regulation: Exemption #8607, 8737, 8738, 9299, 9299A to list a few

.
14CFR91.103(b): PreflightInstruction This regulation requires each pilot in commend to take certain actions before flight to insure the safety offlight. AS FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The petitioner will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14CFR 91109: Flight Instruction The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." Reason for Exception: UAS's and remotely piloted aircraft, by their design so not have fully functional dual controls

. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications

. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See exemption Nos. 5778K 

### &9862A

. The equivalent level ofsafety is provided by the fact that neither a pilot nor passenger will be carried in the aircraft and by the size and speed ofthe aircraft.

14CFR 91

.119 : Minimum Safe Altitudes The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel , vehicle, or structure

. Since the aircraft will be operating at a maximum of 400 feet AGL, we cannot comply with this requirement. Reason for Exception: The use of UAS will be flown no higher than 400 feet AGL in LOS over developed and developing residential areas that may 

### be considered congested areas. That will not always be the case when providing a 'Property Survey'flight because they cou ld be conducted over empty lots or acreages with
no structures. In the case offlying over or near existing private property while providing aerial imagery, property inspections, and property assessments, landowners will be notified in person by the Petitioner, or by a card left behind by the Petitioner if requested. The Petitioner will review with the landowners the associated risksto peopleand property

. Duetothesmallsizeofthe UASthe associated riskto persons, vessels, vehiclesandstructures is notcomparableto mannedaircraftand should betaken into consideration

.14CFR 91.121: Altimeter Settings This section requiresthat each person operating an aircraft shall maintainthe cruising altitude or flight levelofthat aircraft, asthe case may be, by referenceto an altimeter that is set, when operating below 18,000feet MSL. Reason for Exception: Most UAS do not have a barometric altimeter. Ifdoes have a GPS that will calculate altitude. The Petitioner will limit flights to a maximum altitude of 400 feet AGL as granted in Exemption No. 11623, 11664, and 11734.

14CFR 90.151 (a) Fuel Requirements for Flight inVFR Conditions Fuel requirements for flight inVFR conditions: (a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed. (1) During the day, to fly after that for at least 30 minutes. Reason for Exception: The UAS provides a lowbatterywarningto indicatewhen you should return the UAStothe launch point. In addition, a "low" and "critical" battery levelwarnings and implemented a "return to Home" (or "Go land") action in these situations. The Petitionerwill not initiate a flight unless (considering wind and forecast weather conditions) there isenough powertofly at normal cruising speed tothe intended landing pointand allflights will beconducted during daylight hoursand attimes notto be a nuisance to others.

14CFR91.203 (a) 

### &(b): CarryingCivilAircraft Certification and Registration This regulation providesasfollows: No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate. No person mayoperate a civil aircraft unlessthe airworthiness certificate required by paragraph (a) ofthissection ora specialflight authorization issued under 19.715 isdisplayed atthe cabin orcockpit entrance sothat it is legibleto passengers or crew. Reason for Exception: To obtain an equivalent level ofsafety and meet the intent of 91.203, documentation will be housed at a ground control point where the pilot is flying the UAS for immediate access to the extent they are applicable to the UAS's. In doing some research the FAA has issued numerous exemptions to thi

. s regulation.

14CFR 91.405 (a): Maintenance Inspections Each owner or operator of an aircraft- (a) shall have that aircraft inspected as prescribed in Subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, havediscrepancies repaired as prescribed in part43ofthis chapter. Reasonfor Exception: The Petitioner shall inspectthe aircraft priorto every flight. The Petitioneralsowill follow the Manufacturer's recommended preflightchecklistand makeany repairnecessary beforeflights occur. The Petitionerwill also maintain a log ofany maintenance or repairs performed.14CFR 91.407 {a) {1 ): Maintenance Operation after maintenance, preventative maintenance, rebuildingoralteration: (a) Noperson may operateanyaircraftthat has undergone maintenance, preventative maintenance, rebuilding, or alteration unless (1) it hasbeenapproved for returnto service bya person authorized under43.7 of this chapter. Reason for Exception: The Petitioner who has the responsibility for the operation and safety ofthe UASwill follow the manufacturer's suggested maintenance and repair schedules

.
14 FR 91.409 (a)(l) 

### &(2): Inspections Inspections: (a) Except as provided in paragraph (c) ofthis section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had (1) an annual inspection in accordance with part 43 ofthis chapter and has been approved for return to service by a person authorized by 43.7 ofthis chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. No inspection performed under paragraph (b) ofthis section may be substituted for any inspection required by this paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an "annual" inspection in the required maintenance records. Reason for Exception: The Petitioner will follow manufacturer's suggestions to ensure that the UAS is in a condition for safe flight at all times.
14CFR91.417(a)&(b):MaintenanceRecords Except for work performed in accordance with 91.411 and 91.413 each registered owner or operator shall keep the following records (l)(i) (ii)(iii) (2)(i)(ii)(iii)(iv)(v)(vi) for the periods specified in paragraph (b) ofthis section: ( 1) (2) (3) Reason for Exception: The Petitioner will keep a record of all repairs and modifications. The Petitioner also proclaims to use approved manufactured parts for all repairs and modifications.

14CFRTitle 14Chapter 1Subchapter D Parts 60thru 67-61.1to 61.429: Pilot Certification Thissection pertainstoflight rules, pilotcertificate requirements, manuals, etc. Reason for Exception: The Petitioner believes that these requirements are unnecessary for pilot controlled drone flights and current FSS proposals have omitted this as a future requirement for small UAS's.In Conclusion: I, Lucian Newman, IV, the Petitioner request for exemption from the above mentioned Federal Aviation Regulations in order to legally operate an Unmanned Aircraft System (UAS) in the National Airspace System in order to perform the Applications and Operations pertaining to my aerial data collection in a safe and controlled environment.

Ifyou have any questions or need additional information. Please contact me at luciannewmaniv@yahoo.com or (205) 454-4820.



### Lucian Newman, IV 1973 Woodridge Road Tuscaloosa, Al 35406 (205) 454-4820 (Cell Luciannewmaniv@yahoo.com